Forest & Bird has decided not to appeal an
Environment Court decision allowing an open-cast coal mine
on the Denniston Plateau, and has reached an agreement that
will ensure at least some of the plateau is protected for
the sake of the native plants and animals it hosts.

As
part of the agreement signed late yesterday between the
conservation charity and Buller Coal Ltd (owned by Bathurst
Resources), the company will create and permanently protect
a special reserve on the plateau, referred to as the
“Denniston Permanent Protection Area (DPPA).”

October’s Environment Court judgement only required
Bathurst Resources to employ its “best endeavours” in
regards to protecting this area. Forest & Bird was concerned
that “best endeavours” meant the company would not be
required to create the reserve, and sought a stronger
outcome through the agreement.

“The decision not to
appeal the Environment Court judgement was a hard one. We
consider the Denniston Plateau to be one of the most
precious parts of the conservation estate,” says Forest &
Bird Top of the South Field Officer Debs Martin.

“But
we made the agreement, for two reasons.

“Until last
month, the Environment Court’s view had been that the case
was ‘finely balanced’ – that is, that our case was a
good one. But it is clear the court has now largely accepted
that the mine will proceed. While an appeal may have been
successful, it would not have actually stopped the mine,”
says Debs Martin.

“The second reason we made this
agreement is that we want to make certain Bathurst Resources
will create and protect the reserve. By doing this, we are
ensuring Bathurst won’t just have to try – they’ll
have to deliver on their undertaking.

“Forest & Bird
will strive to protect what will be left of the Denniston
and nearby Stockton plateaux from coal mining.

“The
Department of Conservation says the Denniston Plateau is on
its list of the top 50 most ecologically significant sites
on mainland New Zealand. Scientists have highlighted its
incredible range of endemism, which means many of its plants
and animals are found nowhere else on Earth. Under previous
governments of both shades, DOC would have gone to court to
protect Denniston. But the department was not present –
which is why community groups like ours have been saddled
with the high cost of legal action to protect those
values,” says Debs Martin.

“Given the coal industry is
going to be allowed to mine such a sensitive part of the
conservation estate, we hope DOC will now do what is
required of it by law and make sure the plants and animals
on what will be left of the Denniston and Stockton plateaux
are saved from extinction.

“This case has been a
significant one for Forest & Bird. While we have not been
able to prevent Denniston from being open-cast mined, we
have made some good gains for conservation. If we hadn’t
got involved, Bathurst wouldn’t be legally committed to
creating the reserve. Most New Zealanders would still have
never heard of the Denniston Plateau. And New Zealanders
would be none the wiser in regards to the new animal species
that were discovered on the plateau during the course of our
campaign,” Debs Martin says.

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